Flynn v. Orsini

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of respondent Erie County Board of Elections (Board) seeking dismissal of this proceeding on the ground that petitioner failed to serve the order to show cause upon the Board in the manner specified therein and thus failed to obtain jurisdiction over it. Although the order to show cause required service on respondents “Laurence F. Adamczyk and Ralph Mohr, Commissioners,” “by leaving a copy” at the office of the Board, petitioner instead mailed the papers to the Board. “Having thus failed to effect…